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Anonymous #1
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Denial of Due Process?
#10896797 - 08/20/09 11:08 AM (14 years, 8 months ago) |
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Ok, I've been searching google and haven't found any info of being denied due process while being arrested. Apparently I was served a paper when released from jail that said I had been denied due process 
If anyone can give me some terms on what this means, i'd really appreciate it. So far I've been told that it basically means they took away my rights??? any help is very very appreciated.
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Green_T


Registered: 10/02/08
Posts: 4,042
Loc: UK
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Edit: possible misinformation.
Edited by Green_T (08/22/09 02:27 PM)
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DAVID_ALLAN_CEO
Resident Gambler


Registered: 10/29/06
Posts: 398
Loc: Grand Casino Tunica
Last seen: 4 years, 2 months
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Re: Denial of Due Process? [Re: Green_T]
#10900984 - 08/20/09 10:03 PM (14 years, 8 months ago) |
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it refers generally to the hearing processes that you should undergo when arrested and accused of a crime... apparently somewhere along the way a limit on the number of days the court had to act in some way on your case expired... hate to be vague but that's pretty much the answer... your case was not handled properly or to the letter of the local/state/federal applicable laws probably pertaining to length of time to investigate, organize information, release information, something of that nature.. hope i helped
Edited by DAVID_ALLAN_CEO (08/20/09 10:04 PM)
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Ojom
member




Registered: 10/27/99
Posts: 2,148
Last seen: 3 years, 8 months
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Who "served" you with this paper? Seems hard to believe they let you out of jail and said "we fucked up, run along now you're free."
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: Denial of Due Process? [Re: Ojom]
#10902431 - 08/21/09 03:02 AM (14 years, 8 months ago) |
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Quote:
Ojom said: Who "served" you with this paper? Seems hard to believe they let you out of jail and said "we fucked up, run along now you're free."
Yeah, my thoughts exactly. They never admit shit, why would they do so on their own accord
The only thing I could see if it wasn't per his lawyer's machinations, was some speedy trial statute that was violated or something like that, where th eprosecutor had to move the court to get allready filed charges dismissed, and therefore the court gave the reasons in the order... Something where the prosecutor did not want to or could not prosecute because of some procedural defect and had to get an order to that effect.
But seriously OP, if you can't even tell us what you recieved were not going to be able to help you. Due process is a set of several basic rights, and you should as an american citezin read up on it yourself anyways.
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Anonymous #1
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Re: Denial of Due Process? [Re: johnm214]
#10911128 - 08/22/09 11:02 AM (14 years, 8 months ago) |
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Sorry, I forgot about this post. I've been pretty busy lately.
I finally got a chance to talk to my lawyer, and I had it kind of confused. Apparently it's not complete denial, but I simply don't get the same due process as someone who is over 21 would (I blew .06 on a breathalyzer and I'm 18).
I thought that I was literally denied due process for some reason, because they took my phone and refused to let me call my lawyer. I was assuming that this was just a paper they'd served me to make it okay for them to do.
I had read up on what due process were but couldn't imagine that they had the power to simply deny them to me. That's the reason that I had trouble finding any info on 'denial of due process' because they can't/won't actually do that and I had a misconception of what had happened.
I appreciate all of the replies, and sorry that I'm so confused on the subject. I've never had to deal with any legal issues before this.
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